Robert Noel, of killer-dog case fame, to get out of prison / Former attorney will serve 2-year parole in Solano County

Phillip Matier, Andrew Ross

Published 4:00 am, Wednesday, September 10, 2003

Photo: LANCE IVERSEN

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DOGTRIALE-C-19MAR02-MN-LI
Defendant Robert Noel glares at prosecutor Jim Hammer during Hammer's rebuttal just before the Dog Mauling death case was given to the jury. BY LANCE IVERSEN/SAN FRANCISCO CHRONICLE

DOGTRIALE-C-19MAR02-MN-LI
Defendant Robert Noel glares at prosecutor Jim Hammer during Hammer's rebuttal just before the Dog Mauling death case was given to the jury. BY LANCE IVERSEN/SAN FRANCISCO CHRONICLE

Photo: LANCE IVERSEN

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BURTON.JPG For PELOSI story; California Senate President Pro Tem John Burton makes a point while discussing issues facing the state, Thursday, Jan. 3, 2001, during a news conference at the Capitol in Sacramento, Calif. (AP Photo: Robert Galbraith); 5/21/03 in SACRAMENTO. Robert Galbraith / AP less

BURTON.JPG For PELOSI story; California Senate President Pro Tem John Burton makes a point while discussing issues facing the state, Thursday, Jan. 3, 2001, during a news conference at the Capitol in ... more

Photo: Robert Galbraith

Robert Noel, of killer-dog case fame, to get out of prison / Former attorney will serve 2-year parole in Solano County

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After 2 1/2 years behind bars, killer-dog keeper Robert Noel walks out of prison Friday -- but he won't be returning to San Francisco.

Instead, Noel will be sent to Fairfield in Solano County, where he will serve his two-year parole at an undisclosed location. Corrections officials aren't saying how Noel -- a onetime attorney -- plans to spend his days.

Authorities said Noel has been a model prisoner, which made him eligible for early release. For his own safety, he had spent much of the past year-and- a-half since his manslaughter conviction in an Oregon prison. But last week, he was sent to High Desert Prison in Susanville in Lassen County, where he's being held in isolation pending his release.

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Noel went from obscurity to infamy in 2001 when at least one of the two 100- pound-plus Presa Canario dogs that he and his wife, Marjorie Knoller, were keeping mauled their neighbor Diane Whipple to death in the hallway of their Pacific Heights apartment building.

Then came the shocking twists and revelations. The dogs were actually owned by Paul "Cornfed" Schneider, a member of the Aryan Brotherhood prison gang, whom Noel and Knoller had adopted as their son -- although the relationship appeared to be anything but parental.

Noel, who had once served as Cornfed's lawyer, was convicted of involuntary manslaughter in a Los Angeles trial that drew international attention. Knoller was convicted of second-degree murder in addition to manslaughter -- a judge later threw out the murder conviction -- and the couple were sentenced to maximum four-year terms last summer.

Knoller is still serving her time at the Valley State Prison for Women in Chowchilla in Madera County. She is scheduled to be freed in March.

Reacting to news of Noel's release, Whipple's longtime partner Sharon Smith said Tuesday that his time behind bars was "insignificant" compared to her loss, "but he will live the rest of his life in his own prison -- knowing he has caused Diane's death."

THE MCCLINTOCK PLAY: With moderate GOPer Peter Ueberroth out and conservative Bill Simon long gone, it's become "two down and one to go" for Arnold Schwarzenegger.

The "one to go" in this case being conservative state Sen. Tom McClintock, whose 13 percent of the vote in recent polls could make or break the Terminator's plans to be the next governor.

"I'm sure the pressure will be on now for all the Republicans to get on board -- especially with the GOP convention this weekend," said one pollster who has been gauging the race. (Which could explain why the endorsement-hungry Schwarzenegger and his wife hosted Simon and his wife at a private dinner Friday night.)

As one Democratic pollster sees it, a continued McClintock candidacy means Lt. Gov. Cruz Bustamante needs just 35 percent of the vote to win. On the other hand, if McClintock exits and leaves Schwarzenegger the big Republican in the race, Bustamante will need 45 percent.

And that, the pollster said, would "make this a very, very, very different race."

McClintock has been getting pressure to pull out, but so far is vowing to stay in the race until the bitter end -- or at least until he and Arnold have an old-fashioned debate.

NEXT IN LINE: So -- if Lt. Gov. Cruz Bustamante becomes governor, who becomes lieutenant governor?

The smart Democratic money says Bustamante, who would get to name his replacement, would turn to San Francisco state Sen. John Burton, because:

A) Burton is Cruz's biggest backer;

B) He'll be termed out in '04 and will need a job, and;

C) As state Senate president pro tem, Burton is the natural successor to the lieutenant governor's job anyway, so it would be an easy fit.

Besides, Burton is very tight with both Bustamante and Bustamante's campaign manager, Richie Ross.

From what we hear, Bustamante didn't even decide to run in the recall until he got clearance from both Burton and their liberal ally in Washington, House Minority Leader Nancy Pelosi of San Francisco.

But one heavyweight Democrat following the play tells us that the Burton- boosting scenario isn't sitting well with everybody.

"There are a lot of people pissed," says our source. "Like (state Sens.) Jackie Speier and Liz Figueroa, who are already running for lieutenant governor."

Of course, even if Burton were to get the nod, insiders tell us it might not come as quickly as everyone thinks.

"The play will be to keep the job open for a while, then ease John in down the line " said one source who is following the backroom rumbles.

Burton, who is widely acknowledged as the state's most powerful legislator, is sure to have plenty of bills he'll want to usher through the Legislature as long as he's got a friendly governor in place like Bustamante to sign them.

Which means Bustamante, if he wins, could just decide to keep the second-in- command's chair vacant for months.

Believe it or not, that's the line being spun in some political circles after the governor was overheard over the weekend telling a union supporter, "You shouldn't be governor unless you can pronounce the name of the state."

"The funniest part of all this," said state Democratic Party Chairman Art Torres, himself a Latino, "is that Arnold's 'Cal-eee-fornia' is actually the right pronunciation."

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